Temporary Rent Reduction to Offset Tax Abatement from MCI Rent Hike

LVT Number: #19693

The DHCR granted landlord's application for MCI rent hikes. Later, the DRA temporarily reduced the MCI increase by 73 cents per room per month, to offset a J-51 tax abatement that landlord had received in connection with the MCI. Tenant appealed, claiming that the MCI rent hike was unconstitutional and that landlord was getting a windfall through the permanent MCI increase. The DHCR ruled against tenant. The DHCR had already approved the MCI rent hike and no appeal was filed. Tenant couldn't challenge the MCI rent hike at this point.

The DHCR granted landlord's application for MCI rent hikes. Later, the DRA temporarily reduced the MCI increase by 73 cents per room per month, to offset a J-51 tax abatement that landlord had received in connection with the MCI. Tenant appealed, claiming that the MCI rent hike was unconstitutional and that landlord was getting a windfall through the permanent MCI increase. The DHCR ruled against tenant. The DHCR had already approved the MCI rent hike and no appeal was filed. Tenant couldn't challenge the MCI rent hike at this point.

160 Parkside Avenue: DHCR Adm. Rev. Docket No. VB210029RT (5/25/07) [2-pg. doc.]

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